Thanks and credit goes to O’Connor and Sabato FEDERALISM Thanks and credit goes to O’Connor and Sabato

Federalism In this chapter we will cover… The Roots of the Federal System The Powers of Government in the Federal System The Evolution and Development of Federalism Federalism and the Supreme Court

The Roots of the Federal System The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain. The three major arguments for federalism are: the prevention of tyranny; the provision for increased participation in politics; and the use of the states as testing grounds or laboratories for new policies and programs.

Federalism Defined Federalism is a political system in which power is divided and shared between the national/central government and the states (regional units) in order to limit the power of government.

The Powers of Government in the Federal System The distribution of powers in the federal system consists of several parts: exclusive powers shared powers (concurrent powers) denied powers enumerated powers (Article I, sec.8)) and implied powers (elastic clause)

Article I, Section 8 The enumerated powers of the central government include the power to: lay and collect taxes provide for the national defense and make regulations for the military regulate commerce with foreign nations, among the states, and with Indian tribes coin money and regulate the value thereof declare war establish post offices issue copyrights and patents

Implied Powers The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers. The necessary and proper clause has often been used to expand the powers of the national government (elastic clause).

State Powers Most come from the Tenth Amendment that says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." These are often referred to as reserve or police powers (affecting health, safety, and morals) Concurrent powers such as the right to tax, borrow money, establish courts, and make and enforce laws are powers shared with national government.

Denied Powers Article I, section 9 lays out powers denied to the central government. For example: give preference to ports of one state over another Article I, section 10 lays out the powers denied to the states. For example: enter into treaties, alliances, or confederations

Relations among the States The Framers wanted a single country, not thirteen squabbling semi-countries. Article IV requires states to give “full faith and credit” to each others’ laws and legal proceedings. States are also required to extradite criminals if asked by another state. States recognize drivers’ and marriage licenses, custody rulings, etc.

Summary – Key Points to Remember Federalism is an important concept of the American system of government meant to limit the power of the national government. The notion of Federalism has changed drastically since the New Deal in the 1930’s. In the 1960’s and 1970’s the scope of federal domestic policies and programs increased steadily. In the 1980’s Reagan began a rollback of federal funding for programs and funding to states. In the mid-1990’s Republican Congress promised to reduce the size and scope of the national government and “return power to the states.”